SCHEDULES
SCHEDULE 10 Competition test for exercise of bus functions
F2Part 1Test for exercise of bus functions by local authorities
Enforcement of decisions
I112
1
If the F4CMA has made a decision that the exercise or proposed exercise of a function to which F3this Part of this Schedule applies does not meet the competition test, F1the F4CMA may give to the authority or authorities by which it was or was to be exercised such directions as F1the F4CMA considers appropriate.
2
A direction under sub-paragraph (1) may (in particular)—
a
in the case of a proposal to exercise a function, include provision prohibiting the exercise of the function in the manner proposed,
b
c
in the case of the exercise of the function of inviting tenders under section 89(2) or 91(3) of the M1Transport Act 1985, include provision requiring the variation or withdrawal of the invitation, and
d
in the case of the exercise of the function of accepting or not accepting a tender under section 89 or 91 of that Act, include provision requiring the variation or termination of any agreement entered into by accepting the tender or requiring the acceptance of any tender.
3
A direction under sub-paragraph (1) must be given in writing.
4
If an authority fails, without reasonable excuse, to comply with a direction under sub-paragraph (1), the F4CMA may apply to the High Court for an order requiring the authority to comply with the direction within a time specified in the order.
5
An order under sub-paragraph (4) may provide for all of the costs of, or incidental to, the application for the order to be borne by the authority.
Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)